Order XIII Rule 9 CPC: Return of Admitted Documents - Procedure and Conditions

Order XIII Rule 9 CPC: Statutory provision

Rule 9 - Return of admitted documents

(1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall, unless the document is impounded under rule 8, be entitled to receive back the same,-

(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and

(b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been preferred, when the appeal has been disposed of:

Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor-

(a) delivers to the proper officer for being substituted for the original,-

(i) in the case of a party to the suit, a certified copy, and

(ii) in the case of any other person, an ordinary copy which has been examined, compared and certified in the manner mentioned in sub-rule (2) of rule 17 of Order VII, and

(b) undertakes to produce the original, if required to do so:

Provided also that no document shall be returned which, by force of the decree, has become wholly void or useless.

(2) On the return of a document admitted in evidence, a receipt shall be given by the person receiving it.

The provision above is presented with minor punctuation and spelling normalization for readability. Consult the official statutory text and any applicable local amendments or court rules for authoritative wording.

Meaning and purpose of Order 13 Rule 9

The rule balances two needs: preserving the evidentiary record for adjudication and appeals, and allowing the person who produced an original to recover it once retention is no longer necessary. The entitlement extends to a party or a non-party who produced the document, subject to the stated conditions.

When may admitted documents be returned?

• Suit without a right of appeal: after the suit has been disposed of.
• Suit in which an appeal is allowed: after the court is satisfied that the appeal period has expired without an appeal, or, if an appeal was filed, after it has been disposed of.
• Early return: potentially before those stages if the applicant supplies the required substitute copy and undertakes to reproduce the original when required.

The rule does not authorize return of a document impounded under Order XIII Rule 8. Nor does it permit return of a document that has become wholly void or useless by operation of the decree.

Conditions for early return of original documents

Where early release is sought, the type of substitute copy depends on the applicant's status:

Early return is subject to compliance with the rule and the court's directions; filing an application alone does not establish that the original has been released.

Practical procedure to seek return of documents

1. Identify the original document, its exhibit or record reference, and the person who produced it.
2. Apply to the court or its designated officer in accordance with applicable court rules, stating why return is permissible or why early return is sought.
3. Where early return is requested, furnish the appropriate substitute copy and an undertaking to produce the original if called for.
4. Obtain the court's direction or administrative approval as required and collect the original from the authorized officer.
5. Provide a receipt on collection, as required by sub-rule (2), and retain a copy of the acknowledgment.

Local civil rules and registry procedures may specify forms, identification, copying, and record-handling requirements.

Related CPC rules and evidence law

Order XIII Rule 7 deals with recording admitted documents and returning documents not admitted in evidence. Rule 8 permits the court to impound documents for sufficient cause. Rule 4 addresses endorsements on admitted documents, while Rule 5 concerns substituted copies of entries in books, accounts and records.

The Bharatiya Sakshya Adhiniyam, 2023 governs relevant questions of documentary evidence in proceedings to which it applies. It does not replace the procedural requirements for return of documents under the CPC. The commencement and savings provisions of the 2023 Act should be considered for pending proceedings.

For the CPC and its schedules, consult the Code of Civil Procedure, 1908 on India Code and check applicable state amendments and High Court rules.

Frequently asked questions

Can a non-party obtain the original document back?

Yes. Rule 9 expressly covers a person who is not a party to the suit, if that person produced the document and the rule's conditions are met.

Can an original be returned before the appeal period ends?

The first proviso allows earlier return when the required substitute copy is supplied and the applicant undertakes to reproduce the original if required, subject to the other restrictions.

What happens if the document was impounded?

Rule 9 excludes documents impounded under Order XIII Rule 8 from its ordinary return entitlement. The court's impounding order and applicable law govern their custody and release.

Is a receipt necessary?

Yes. Order XIII Rule 9(2) requires the person receiving a document admitted in evidence to give a receipt.